In 1997 The American Civil Liberties Union (ACLU) took the Justice Department to court over the Communications Decency Act of 1996[1], claiming it violated First Amendment. The Supreme Court heard the case (Reno v.ACLU[2]), and ruled unanimously that the Communications Decency Act was unconstitutional[3] and that the internet was a free speech zone[4]. In layman’s terms the government can’t prohibit what people read, write, or say on the internet.
There are some limitations on things you can’t say in the real world, in print, or online. For example you aren’t allowed to say anything that is going to incite violence, cause a riot, or encourage people to engage an illegal activity. For example yelling fire in a crowded movie theatre would cause a riot. For something to be an incitement to riot or cause violence, it has to pass The Brandenburg Test[5] and be an incitement into imment lawless action[6], which interestingly is where the example of yelling fire in a crowded movie theatre came from. So saying mean things online, including hate speech, is not illegal. Bluecheckmark Twitter will try and convince you it is, they are wrong.
Just because you have a First Amendment Right to say or read something online, does not mean a company has to allow you platform to do it from. A company can have a harmful content policy[7] that allows them to prohibit, or remove something you said. Sadly, there is no law requiring them to apply the rule consistently, and since Twitter is a private company, they aren’t violating your Rights by taking down your content, or Permanently Banning You.
Interestingly when The White House Coordinates with Social Media Companies to get people banned[8], that may be a violation of someone’s First Amendment Rights. The White House claims, they are just pointing it out, to Social Media Companies, and that Facebook and Twitter are the ones deciding to remove content, or ban an account, which everyone knows is a lie. The White House is also claiming, because people are posting medical misinformation they are creating an imminent threat to life safety, which is big stretch. Unfortunately, there currently aren’t any Civil Rights Legal Organizations that are willing to challenge The White House on this behavior, so expect it to continue for the time being.
So when some left-leaning Bluecheckmark tries to tell being mean, or using hate speech online is illegal, drop a link to Reno v. ACLU, and prove them wrong. Nina Jankowicz the
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A Transgender Health Secretary, a Drag Queen Nuclear Energy Advisor, and a Transportation Secretary who wants to make driving a car unbearable, President Joe Biden has filled his administration with delusional outspoken nutjobs, who want to ruin the American Dream.
SEE MORE ABOUT: Biden Administration Biden Administration head of the new Disinformation Governance Board seems to strongly believe hate speech is illegal, she is wrong, HATE SPEECH IS LEGAL, and is protected under The First Amendment[9], which is something she can’t seem to comprehend.